Centre for Law and Democracy

In August, the Green Climate Fund (GCF) published a draft Information Disclosure Policy for purposes of public consultation. Once finalised, the Policy will replace the GCF’s Interim Information Disclosure Practice, adopted in October 2013. Moves to adopt a longer-term policy in this area are welcome. However, a Submission supported by CLD and endorsed by a number of other NGOs highlights the vastly overbroad regime of exceptions in the draft Policy, which seriously undermines its potential to ensure access to information.

Click here to read the Submission
Click here to read the draft Policy

“The GCF’s new draft Policy has some positive features, including the fact that it is designed around a proper presumption in favour of disclosure”, said Toby Mendel, Executive Director of CLD. “However, the exceptions dominate the draft, covering a broad range of internal documents and granting third parties a veto over the disclosure of information.”

The draft Policy includes more detailed rules on lodging and processing requests for information and creates an appeals body to process complaints. However, serious weaknesses remain, including the following:
• It fails to establish minimum rules regarding the proactive publication of information.
• The time limits for processing requests are too long and the rules on fees are unclear.
• The rules for disclosing information in the public interest apply only in ‘exceptional’ cases and there is a negative public interest override.
• There are several unnecessary or unduly broad exceptions, as well as exceptions which are not based on the idea of protecting interests against harm.
• The oversight body – the Information Appeals Panel – is dominated by officials rather than being independent, and is not required to provide reasons for its decisions.

CLD urges the GCF to revise the draft Policy so as to address the concerns raised in our Submission and to bring it in more fully into line with international standards.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Join us for a Discussion on 28 September, International Right to Know Day, To Talk About How to Promote Transparent Government

The right to access information held by public bodies, known as the right to information, is internationally recognised as a human right and protected under Canada’s Charter of Rights and Freedoms. The right provides a range of benefits, including promoting democratic participation, combating corruption and helping to foster effective, accountable and responsive government. Although Canada was among the early adopters of right to information legislation, our laws are now seriously outdated. An assessment of national laws by the Centre for Law and Democracy puts the federal Access to Information Act at 59th position in the world. Most provinces and territories fare little better; Nova Scotia ranks 50th.

Against this gloomy backdrop, a ray of light has emerged. Newfoundland and Labrador has undertaken the most ambitious reform programme in recent memory and a new law adopted earlier this year has turned the province into a global leader. This event, held on International Right to Know Day, will discuss the right to information in a Canadian context, and consider how to strengthen and promote transparent government across the country.

Moderator:
Catherine Tully, Information and Privacy Commissioner, Nova Scotia

Panellists:
Steve Kent, Deputy Premier, Newfoundland and Labrador
Toby Mendel, Executive Director, Centre for Law and Democracy
Maria Lasheras, Chief Information Access and Privacy Officer, Nova Scotia
Sean Murray, Office of the Information and Privacy Commissioner, Newfoundland and Labrador

Halifax City Hall: 28 September 2015, 6 pm-8 pm

The undersigned organizations have issued a Joint Letter to the major political parties in Canada calling on them to make concrete commitments to reform Canada’s access to information system.

A strong access to information system is vital to maintaining a healthy democracy. The public has the right to obtain the information it needs to participate meaningfully in the democratic process, while also holding Canada’s public officials and Members of Parliaments accountable. The current system is failing Canadians.

“When the Access to Information Act was adopted over 30 years ago, Canada was a world leader on this important democratic right,” said Toby Mendel, Executive Director of the Centre for Law and Democracy. “But decades of stagnation have left us in a miserable 59th position globally, far behind countries like India, Mexico, South Africa and Slovenia.”

“Canadians are being left in the dark,” said Tom Henheffer, Executive Director of Canadian Journalists for Free Expression. “We have a right to know in this country and it’s being undermined. Urgent access to information reform is needed to hold politicians and public institutions accountable, to keep the public informed and to ensure Canadian democracy continues to function.”

“It is long past time these changes were made,” said Vincent Gogolek, Executive Director of Freedom of Information and Privacy Association. “The black holes in the Access to Information Act have to be closed.”

Our country deserves an open and accountable government. Political parties must make a clear electoral promise to undertake a comprehensive process of consultation leading to reform of the Access to Information Act. They must also express specific support for the rapid adoption of the following four reforms following the election:
1. Strengthen the Office of the Information Commissioner with a larger mandate and order-making power.
2. Eliminate loopholes and blanket exclusions and minimize exceptions to the Access to Information Act.
3. Expand the scope of the Act to include all public authorities and other bodies which perform a public function or receive significant public funding.
4. Require public officials to document and preserve all records of their decision-making.

How can Canadians help reform Canada’s access to information system?

• Send an email to your representatives: using the following simple one-click platform, you can easily make your right to information a priority to federal party leaders and your local MPs and senators based on your postal code.
• Share your views on social media: tweet at Secretary of the Treasury Board @TonyclementCPC, Liberal Open Government Critic @Scott_Simms and NDP Treasury Board Critic @MRavignat using #ATIreform and #cdnfoi to let them know that you want to see immediate reforms to Canada’s access to information system.

Signatories:

British Columbia Civil Liberties Association (BCCLA)
Canadian Association of Journalists (CAJ)
Canadian Media Guild/CWA Canada
Canadian Journalists for Free Expression (CJFE)
Canadian Taxpayers Federation (CTF)
Centre for Law and Democracy (CLD)
Centre for Social Justice
Evidence for Democracy
Fédération professionnelle des journalistes du Québec (FPJQ)
Freedom of Information and Privacy Association (FIPA)
Greenpeace Canada
International Civil Liberties Monitoring Group
Lawyers’ Rights Watch Canada
PEN Canada
Politics of Evidence Working Group
Newspapers Canada
Open Media
Our Right to Know
Right to Know Coalition of Nova Scotia
Voices-Voix
Association des Journalistes Indépendants du Québec
World Association of Community Radio Broadcasters (AMARC)

Centre for Law and Democracy (CLD) works around the world to promote, protect and develop those human rights which serve as the foundation for or underpin democracy, including the rights to freedom of expression, to vote and participate in governance, to access information and to freedom of assembly and association.

Canadian Journalists for Free Expression (CJFE) monitors, defends and reports on free expression and access to information in Canada and abroad. Rooted in the field of journalism, CJFE promotes a free media as essential to a fair and open society. CJFE boldly champions the free expression rights of all people, and encourages and supports individuals and groups in the protection of their own and others’ free expression rights.

The Canadian Association of Journalists is a professional organization with more than 600 members across Canada. The CAJ’s primary roles are public-interest advocacy work and professional development for its members.

The Canadian Taxpayers Federation is Canada’s leading non-partisan citizens’ advocacy group fighting for lower taxes, less waste and accountable government. Founded in 1990, the CTF has more than 84,000 supporters and seven offices across Canada. The CTF is funded by free-will, non tax-receiptable contributions.

Newspapers Canada is the voice of Canada’s newspapers, representing over 800 daily, weekly and community newspapers. One of the association’s missions is to advance the cause of freedom of expression in Canada generally and to advocate the right to freedom of expression of individuals, including freedom of the press and other media of communication and the right of people to have a press free from governmental control or restrain

Freedom of Information and Privacy Association (FIPA) is a non-partisan, non-profit society established in 1991 to promote and defend freedom of information and privacy rights in Canada.

For further information and media enquiries, please contact:

Toby Mendel
Executive Director, Centre for Law and Democracy (CLD)
toby@law-democracy.org
902-431-3688

Tom Henheffer
Executive Director, Canadian Journalists for Free Expression (CJFE)
thenheffer@cjfe.org
647-992-4630

Nick Taylor-Vaisey
President, Canadian Association of Journalists
nick@caj.ca

Vincent Gogolek
Executive Director, BC Freedom of Information and Privacy Association
604-739-9788
www.fipa.bc.ca

Aaron Wudrick
CTF Federal Director
awudrick@taxpayer.com
613.295.8409

The government of Quebec has put forward a detailed set of proposals to reform its law on access to information and protection of personal data, in the form of the policy paper, Orientations gouvernementales pour un gouvernement plus transparent, dans le respect du droit à la vie privee et la protection des renseignements personnels. The Centre for Law and Democracy has prepared a submission outlining the further changes it believes are needed to bring Quebec’s right to information law more fully into line with international standards in this area.

Click here to read the Analysis
Click here to read the follow-up
Click here for a follow-up letter that CLD drafted

“The government’s proposals are, for the most part, positive”, said Toby Mendel, Executive Director of CLD. “But a far more ambitious set of reforms are needed to address the serious weaknesses of the current Quebec law.”

Some of the key recommendations in the CLD analysis are as follows:
• The law should apply to all information held or which can relatively easily be compiled by public bodies.
• Effective measures should be put in place to promote compliance by public bodies with the timelines in the law and the fees for providing information should be reduced.
• The regime of exceptions should be reviewed and amended to give proper effect to the proposal in Orientation No. 6, which calls for all exceptions to be strictly harm-based.
• The law should include a broad public interest override for all exceptions.
• Exceptions which are overbroad or unnecessary should be reviewed and repealed or amended.
• The oversight body, the Commission d’accès à l’information (CAI), should retain its current adjudicative function.

CLD urges the government of Quebec to revisit its proposals with a view to introducing more robust amendments to its right to information law.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

This Press Release is also available in French

A draft Cybercrime Bill prepared by the government of Trinidad and Tobago would criminalise a wide range of legitimate digital activity, according to an analysis of the Bill released today by the Centre for Law and Democracy (CLD). Although the Bill has formally lapsed, it is likely that a similar draft will be introduced in the near future.

“The draft Cybercrime Bill is very significantly overbroad in terms of the types of online expressive activity it would render illegal”, said Toby Mendel, Executive Director of CLD. “Far more attention needs to be given to the numerous provisions that restrict free speech.”

Some of the key problems with the Bill are as follows:
• Many of the offences it creates are drafted in very broad terms so as to capture innocuous online activities. Some of these shift the onus onto users to provide legal justification for activities which are only potentially harmful, instead of defining what is prohibited narrowly so as to capture only harmful activity.
• A number of provisions are unnecessary since they duplicate existing legal provisions, creating confusion and in some cases heavier penalties for the commission of offences online.
• The definition of cyberbullying is significantly overbroad.
• The Bill would criminalise the otherwise innocent receipt of computer data by third parties, including journalists.

CLD urges the government of Trinidad and Tobago to revisit the Bill with a view to preparing a draft that is more in line with international human rights standards, in particular relating to freedom of expression.

The CLD analysis and the draft Bill are available here and here.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

On 23 July 2015, a group of 40 civil society representatives from across Upper Myanmar came together in Mandalay to discuss the importance of the right to information (RTI) to the country’s democratic transition. The participants agreed to form an Upper Myanmar RTI Working Group and to select members to join the central RTI Working Group, which is coordinating advocacy on this issue nationwide. The participants also unanimously endorsed the joint statement which was adopted at a November 2014 workshop on this issue.

Click here to read the Joint Statement, in English and Burmese

“We are thrilled to see that Myanmar’s civil society has embraced this issue so enthusiastically”, said Toby Mendel, Executive Director of CLD. “While Myanmar’s democratic transition still has a long way to go, this level of energy certainly bodes well for the country’s future.”

“Passing a right to information law would be a key milestone for Myanmar.” said Esben Harboe, Programme Manager for IMS’ work in Myanmar. “We are happy to support civil society in pushing towards this goal.”

The workshop, which featured in-depth discussion on the benefits of RTI and the elements of a strong RTI law was the latest in a series of workshops on RTI which have been hosted by the Centre for Law and Democracy, with the support of International Media Support. Future workshops in Myanmar’s Shan region are planned for later this year.

For further information, please contact:

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
michael@law-democracy.org
+1 902 448-5290
www.law-democracy.org
twitter: @law_democracy

Esben Q. Harboe
Programme Manager
International Media Support
eh@mediasupport.org
+45 5210 7805
www.mediasupport.org
@forfreemedia

On 25 July 2015, the Centre for Law and Democracy (CLD) and the Myanmar Media Lawyers’ Network (MMLN), with the support of International Media Support (IMS), carried out a workshop for lawyers on defamation law and restrictions on freedom of expression in the name of national security. The workshop, which involved 25 lawyers from Yangon, is the latest in a series of events arranged by the MMLN, a network of lawyers dedicated to promoting freedom of expression which was founded in 2014.

The topics were chosen due to their relevance to Myanmar’s ongoing democratic transition. Over the past week, two editors from the Myanmar Herald were convicted of criminal defamation for an interview they published which criticised President Thein Sein. Their lawyer, U Zaw Linn, was among the speakers.

“Criminal defamation laws have no place in a democratic country and they certainly should not be used to stifle criticism against the Head of State,” said CLD Executive Director Toby Mendel.

The workshop also discussed the Bi Mon Tae Nay case, in which five journalists, editors and publishers were charged with making statements which “alarmed the public” after their journal erroneously reported that Aung San Suu Kyi had formed an interim government, a subject which, according to international standards, does not touch on national security.

“It is important for Myanmar’s legal community to evaluate the strengths and weaknesses of our country’s laws, particularly where they impact on important human rights,” said Than Zaw, Secretary of the Myanmar Media Lawyers’ Network.

For further information, please contact:

Than Zaw Aung
Secretary
Myanmar Media Lawyers’ Network
+95 9 795586316
thanzawau@gmail.com

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
Email: michael@law-democracy.org
+1 902 448 5290
www.law-democracy.org
twitter: @law_democracy

A draft Right to Information Act prepared by the government of Pakistan has scored an astonishing 146 points on the RTI Rating, which would put it 11 points ahead of the next best right to information law in the world, namely that of Serbia (which has 135 points). The Centre for Law and Democracy (CLD) today issued a Note analysing the draft Act, pointing to a few areas where the draft could be tweaked to improve it even further.

Click here for the Note
Click here for the draft Act

“This is a remarkable draft RTI law”, said Toby Mendel, Executive Director of CLD. “It would be wonderful if the government of Pakistan were to pass such a strong law and we would then be very happy to work with them and other stakeholders to support implementation.”

Given the superlative score, there are clearly few weaknesses in the draft Act and most of the CLD comments relate to fairly technical matters. One area where improvements could be made, however, is to bolster the independence of the three-person Information Commission. Specifically, CLD recommends that:
• Commissioners be appointed by the President.
• There be prohibitions on individuals with strong political connections and civil servants from being appointed as Commissioners.
• There be stronger both requirements of expertise for and prohibitions on individuals with political connections from being appointed as a Commissioner.
• The budget of the Commission be approved by Parliament.

CLD urges the government and Parliament of Pakistan to move forward to adopt this excellent law, if possible after introducing a small number of amendments to make it even better.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

The Centre for Law and Democracy (CLD) today issued an analysis of the draft Media Services Act prepared by the government of Tanzania. If passed, the draft Act would represent a serious step backwards for freedom of expression in Tanzania. It is extremely broad in scope – covering not only traditional media but also online services and even social media, as well as individual journalists – and it subjects all of these actors to licensing regimes overseen by bodies which are controlled by government. The draft Act also provides for draconian restrictions on media content.

Click here for the Analysis
Click here for a copy of the draft Act

“Far more thought needs to be given to the question of what would be an appropriate regulatory system for the media in Tanzania”, said Toby Mendel, Executive Director of CLD. “A first imperative is to ensure that regulatory bodies are protected against possible political interference but the draft Act also suffers from very significant regulatory overbreadth.”

Some of the other key problems with the draft Act include:
• It subjects online content providers, social media, newspapers and individual journalists to a licensing regime.
• It gives the regulator virtually unfettered discretion to address complaints against the media, without providing any indication of how this might work.
• It provides for only limited defences to allegations of defamation; even truth is not a defence on its own.
• It establishes an extremely broad set of criminal content restrictions, including vague definitions of the crimes of sedition and publishing false news, which have been struck down as unconstitutional in other countries.

CLD urges the government of Tanzania to put in place a broad process of consultation with all interested stakeholders to determine an appropriate way forward in terms of media regulation.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

The International Partnership Mission to Indonesia (IPMI) welcomes the recent announcement by Indonesian President Joko Widodo that restrictions on foreign journalists seeking to cover the country’s easternmost provinces of Papua and West Papua will be lifted. The IPMI strongly encourages the President to back his statements with concrete changes in policy to ensure that journalists are free to operate in all parts of Indonesia, and to take further steps to protect the safety of both foreign and Indonesian journalists, in line with the mission’s 2014 recommendations.

The IPMI’s full recommendations can be accessed here

On May 10, President Widodo announced his intention to end long-standing restrictions on foreign reporting in Papua and West Papua. Although freedom of the press is guaranteed by Indonesia’s Press Law and its Constitution, foreign journalists have been required to obtain a journalist visa in order to work in the country. Journalists who wish to report from sensitive regions such as Papua and West Papua must seek permission from a range of government officials, including the military and police, which can be difficult to obtain. Authorities have also expelled foreign journalists covering these regions on the basis that they would disturb Indonesia’s national interest.

The IPMI visited Indonesia in December 2014 to discuss freedom of expression with media stakeholders in Indonesia, including the government, journalists, and civil society groups. The mission concluded with 19 recommendations, including that the authorities end the long-standing restrictions on covering sensitive regions. While the President’s announcement that restrictions on accessing Papua and West Papua are being lifted is a step in the right direction, more needs to be done by the Indonesia Government in order to fully guarantee freedom of expression, in line with its international human rights obligations.

The IPMI remains concerned about the safety of journalists, who face widespread violence and intimidation, and urges the government to make greater efforts to hold perpetrators of violence against journalists and media workers to account. The IPMI also reiterates the need for the government to provide better protection for digital rights in its legal framework and to do more to promote editorial independence and media diversity.

Signed:
Aliansi Jurnalis Independen (AJI) Indonesia
Article 19
Centre for Law and Democracy
Committee to Protect Journalists
International Federation of Journalists
International Media Support
Open Society Foundations
South East Asia Press Alliance
Tifa Foundation Jakarta

For further information please contact:

Lars H. Bestle
Head of Department for Asia
International Media Support (IMS)
lb@mediasupport.org
+45 3841 7031

Kulachada Chaipipat
Campaign Manager
Southeast Asian Press Alliance (SEAPA)
kcchacha@gmail.com
+66 2 2435579
www.seapa.org

Sumit Galhotra
Asia Research Associate
Committee to Protect Journalists
sgalhotra@cpj.org
+1.212.465.1004 (ext. 115)
@CPJAsia

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
michael@law-democracy.org
+1 902 448-5290
www.law-democracy.org
@Law_democracy

Edward Pittman
Program Coordinator
Open Society Foundations
edward.pittman@opensocietyfoundations.org
www.opensocietyfoundations.org

Judy Taing
Senior Programme Officer, Asia
Article 19
judy@article19.org
+1 (646) 725 1444
www.article19.org

Jane Worthington
Deputy Director
International Federation of Journalists (IFJ), Asia Pacific
ifj@ifj-asia.org
+61 2 9333 0946
http://www.ifj.org/regions/asia-pacific/
@ifjasiapacific

Suwarjono,
Ketua AJI Indonesia
Jl. Kembang Raya No. 6,
Kwitang, Senen, Jakarta Pusat 10420
HP 0818758624

R Kristiawan,
Tifa Foundation Jakarta
HP 087876370405

BAHASA INDONESIA
International Partnership Mission to Indonesia (IPMI) Menyambut Baik Keputusan Presiden Jokowi Mencabut Larangan Jurnalis Meliput di Papua

The International Partnership Mission to Indonesia (IPMI) menyambut baik keputusan Presiden Jokowi untuk mengakhiri larangan jurnalis asing yang akan meliput dua provinsi paling timur Indonesia, Papua dan Papua Barat. IPMI mendorong Presiden Jokowi untuk membuktikan pernyataannya dengan perubahan konkrit untuk memastikan bahwa jurnalis benar-benar bebas dalam menjalankan kegiatan jurnalistik di seluruh wilayah Indonesia, dan untuk menjamin keamanan baik bagi jurnalis asing maupun jurnalis Indonesia, sesuai dengan rekomendasi IPMI 2014.

Pada tanggal 10 Mei 2015, Presiden Jokowi memutuskan untuk mengakhiri larangan bagi jurnalis asing untuk meliput berita di Papua dan Papua Barat. Larangan itu sudah lama diberlakukan. Meskipun kebebasan pers dijamin oleh UU Pers No. 40/1999 dan UUD 1945, jurnalis asing diwajibkan untuk memperoleh visa jurnalis untuk meliput di Indonesia. Jurnalis yang akan meliput wilayah sensitif seperti Papua dan Papua Barat harus mendapatkan ijin dari kantor-kantor pemerintah seperti militer dan polisi yang susah diperoleh. Pemerintah melarang jurnalis meliput Papua juga karena alasan mengganggu kepentingan nasional Indonesia.

IPMI mengunjungi Indonesia pada Desember 2014 untuk mendiskusikan kebebasan berekspresi bersama stake holder media di Indonesia yang meliputi pemerintah, jurnalis, dan kelompok masyarakat sipil. IPMI kemudian menyusun 19 rekomendasi, termasuk di antaranya mengakhiri larangan peliputan di daerah sensitif. IPMI melihat bahwa keputusan Presiden Jokowi tersebut merupakan langkah maju. Yang lebih lanjut perlu dilakukan Pemerintah Indonesia adalah menjamin kebebasan berekspresi yang sesuai dengan standar HAM internasional.

IPMI masih prihatin dengan keamanan jurnalis yang masih menghadapi banyak ancaman kekerasan dan intimidasi. IPMI menyerukan perlunya pemerintah lebih berupaya untuk memroses pelaku kekerasan terhadap jurnalis dan pekerja media lainnya. IPMI juga menekankan kembali perlunya pemerintah memberikan perlindungan lebih pada hak-hak digital ke dalam kerangka hukum dan untuk lebih memromosikan independensi dan keragaman media.

Across the country, Canada’s access to information systems have been stagnating for years with laws that are decades old and hopelessly out of touch with international standards. On June 1, Newfoundland and Labrador broke away from the pack, enacting Canada’s first modern access to information law. The reforms came after a robust consultation and review process, overseen by a high-level Review Committee. The Committee presented its report in March 2015, including draft legislation, and the government moved quickly to implement its recommendations in full.

“This is a momentous day for the people of Newfoundland and Labrador,” said Centre for Law and Democracy (CLD) Executive Director, Toby Mendel. “The federal government and other provinces now have no excuse for not giving proper effect to this important right and we call on them to follow Newfoundland and Labrador’s lead.”

Canada’s Access to Information Act (ATIA) ranks 59th in the world according to the RTI Rating, an internationally-renowned tool for assessing the strength of access legislation developed by CLD and Access Info Europe. The ATI Act only meets around half of the standards in the RTI Rating and Canada’s provinces fare little better. Alberta and New Brunswick’s laws are just as weak as the ATI Act, and Saskatchewan and Quebec score only marginally higher. Newfoundland and Labrador’s new Access to Information and Protection of Privacy Act stands head and shoulders above these laws, and would rank 15th in the world as compared to national legislation.

Click here for CLD’s statement on the Committee recommendations and our Analysis of the new law
Click here for CLD’s Analysis of access legislation across Canada

For further information, please contact:

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
email: michael@law-democracy.org
tel: +1 902 448-5290
www.law-democracy.org
Twitter: @law_democracy

The Centre for Law and Democracy (CLD) has prepared an analysis of Tanzania’s draft Access to Information Act, which was released by the government recently. The draft Act follows up on the Tanzanian government’s commitment at the October 2013 London Summit of the Open Government Partnership (OGP) to adopt a right to information law. It scored 91 points on a quick assessment using the RTI Rating, which would put it in 42nd position globally out of the 102 countries which currently feature on the RTI Rating website.

“We welcome the fact that Tanzania is moving forward with this important piece of legislation”, said Toby Mendel, Executive Director of CLD. “While the draft Act has some strengths, we believe that more needs to be done to ensure that it reflects international standards in this area.”

Click here for the Analysis
Click here for a copy of the draft Law

The draft Act has a number of positive features, including its relatively broad scope, fairly narrow regime of exceptions and the fact that it allocates an oversight role to the independent Commission for Human Rights and Good Governance. At the same time, it has a number of weaknesses and fails to come up to the level of many of the newer generation of right to information laws. Among other problems, it suffers from a lack of detail in relation to requesting and appeals procedures and it includes only a small number of promotional measures.

CLD urges the government of Tanzania to review the draft Act with a view to amending it to bring it more fully into line with international standards.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 997 1296
www.law-democracy.org
twitter: @law_democracy

The Centre for Law and Democracy (CLD) participated in the International Media Assessment Mission to Sri Lanka from 8 to 14 May. The aim of the Mission was to assess the media freedom situation in Sri Lanka and to make recommendations regarding media reform needs going forward. The Mission welcomed the positive changes in the environment for media freedom since the new government came into power on 8 January 2015. But it also noted that there is a need for structural and institutional changes to anchor those changes and to create a more robust framework for media freedom.

Click here to read the Mission Statement

“We had a very good discussion with the Prime Minister, Ranil Wickremesinghe, and he supported almost all of the suggestions we put forward and also welcomed our support in taking them forward”, said Toby Mendel, Executive Director of CLD. “The challenge now will be to deliver on those promises.”

A Joint Statement was issued at the end of the Mission setting out findings and recommendations, including the following key recommendations for the government:
• To adopt comprehensive legislation on broadcasting which would, among other things, establish an independent regulator and recognise public service, commercial and community broadcasters.
• Transform the State broadcasters into public service broadcasters.
• Adopt and then implement a strong right to information law.
• Create an independent Commission of Inquiry to investigate past killings of and attack on journalists.
• Abolish the Press Council Act and the Prevention of Terrorism Act, and adopt legislation to codify the rules on contempt of court.
• Undertake a broad consultation to determine the best way forward in terms of enhancing academic and training opportunities for media workers.

CLD urges the government to keep to its promises to move forward with this important media freedom reform agenda and we offer our support to help it do so.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 412 0872
www.law-democracy.org
twitter: @law_democracy

There are significant discrepancies in protection for the right to information (RTI) in two countries in the Caribbean region. Assessments of two of these laws released today by the Centre for Law and Democracy (CLD) were based on the RTI Rating, an internationally renowned tool for assessing the strength of RTI legislation developed by CLD and Access Info Europe. The RTI Rating found that the Cayman Islands’ Freedom of Information Law scored comparatively well, with 112 points out of a possible score of 150, which would be tied for 13th position globally compared to national laws. By contrast, the Bahamian Freedom of Information Bill scored just 88 points, resulting in a tie for 48th place.

“We welcome the fact that the Cayman Islands has such a strong RTI law,” said CLD Executive Director, Toby Mendel. “This further supports the calls by local campaigners in the Bahamas for improvements to their Bill before it is passed into law, although this should not be used as an excuse to further delay adoption of this Bill.”

Despite the differences in score, the two laws share some critical deficiencies, including exceptions which are illegitimate in nature, overbroad or lack proper harm tests. Both laws also fail to apply a public interest override to all exceptions and exclude many public bodies from their ambit altogether.

Across the Caribbean, scores range broadly from Antigua, which just edges out the Cayman Islands with a score of 113, to the Dominican Republic, which places a dismal 93rd among the 102 laws currently rated.

The Rating score for the Bahamas is available here.
The Rating score for the Cayman Islands is available here

UPDATE: CLD has also carried out a revised rating of the Bahamas’ draft FOI Bill, 2015, Read here

Full results for the International RTI Rating are available at: www. RTI-Rating.org.

For further information, please contact:

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
email: michael@law-democracy.org
tel: +1 902 448-5290
www.law-democracy.org
Twitter: @law_democracy

Today, the 16th annual Joint Declaration by the four specialised mandates tasked with promoting and protecting freedom of expression at the UN, OAS, OSCE and African Commission was launched in Riga, Latvia, at the UNESCO World Press Freedom Day event. The Declaration, prepared with the assistance of the Centre for Law and Democracy and ARTICLE 19, focuses on States’ responses to conflict situations giving rise to systematic attacks on freedom of expression, including through terrorist attacks and widespread organised crime.

Click here for the Joint Declaration in English
Click here for the Joint Declaration in French
Click here for the Joint Declaration in Arabic

“We are witnessing a range of illegitimate responses to situations of systematic attacks on freedom of expression in countries around the world”, said Toby Mendel, Executive Director of CLD. “These range from adopting overbroad criminal restrictions, for example on encouraging or promoting terrorism, to mass surveillance to imposing states of emergency.”

The Joint Declaration sets out a number of important standards for States, including the following:
• Criminal restrictions should not prohibit vague or unduly broad forms of expression such as glorifying or justifying terrorism.
• Administrative measures which directly limit freedom of expression should be applied only by an independent administrative body.
• State filtering of the Internet and communications ‘kill switches’ (such as shutting down the Internet) can never be justified.
• There should be broad protection for whistleblowers and of the right of journalists and others to protect their confidential sources of information.
• Mass surveillance and obligations on communications providers to retain data on a mass basis for security purposes are never legitimate; these activities should only be undertaken on a targeted basis.
• Individuals have a right to take advantage of available encryption and anonymity tools.
• There should be full transparency regarding systems of surveillance and independent oversight of bodies which undertake surveillance.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 412 0872
www.law-democracy.org
twitter: @law_democracy

The Centre for Law and Democracy participated in the Nepal International Media Partnership (NIMP) mission to Nepal from 19 to 23 April, the eighth such mission which has been held since the first one ten years ago in 2005. The aim of this Mission was to assess the media freedom situation in Nepal and to provide support for reform initiatives. The Mission focused on two key areas, the creation of a specialised safety mechanism to address attacks on those exercising their right to freedom of expression and the ongoing need for legal and policy reform. A Joint Statement was issued at the end of the Mission setting out key findings and recommendations.

Click here for the Joint Statement

“It is very exciting that Nepal is moving forward to develop a safety mechanism to address attacks and we are committed to working with local stakeholders to help ensure that it is as effective as possible”, said Toby Mendel, Executive Director of CLD. “We have also promised the authorities feedback on key legal and policy reform initiatives.”

The new mechanism will be overseen by the National Human Rights Commission and will be developed in close consultation with key stakeholders. CLD has already provided preliminary input on the proposals as a member of the Mission, and has promised to continue to work with the Commission and others as the mechanism develops.

In terms of legal and policy reform, the last mission, in February 2012, provided a detailed analysis of the draft constitutional proposals relating to freedom of expression, media freedom and the right to information. The proposals have not changed since that time so we will now follow this up with a short document setting out specific constitutional proposals in these areas. We will also provide detailed suggestions as to what should be included in a new Media Policy being developed by the Minister of Information and Communications.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 997 1296
www.law-democracy.org
twitter: @law_democracy

In the few months since it was elected, the new government of Sri Lanka has put in place a process to prepare a right to information (RTI) law and proposed a set of constitutional amendments which would provide fundamental rights protection for access to information. The Centre for Law and Democracy (CLD) very much welcomes these moves, which will address a long-standing need in the country. At the same time, an analysis by CLD, released today, suggests that the proposed constitutional guarantee needs to be strengthened.

Click here to read the Note

“Although it is a late-comer to RTI, the fact that the Sri Lankan government is moving forward simultaneously with both a constitutional guarantee and legislation is very encouraging”, said Toby Mendel, Executive Director of CLD. “It would be a great shame if this clear demonstration of democratic political will were undermined by rules that failed to conform to international standards.”

Key problems with the proposed constitutional guarantees for RTI, identified in CLD’s analysis, including the following:
• It contains an excessively long and broad list of grounds which may justify secrecy, including contempt of court, Parliamentary privilege and “preventing the disclosure of information received in confidence”.
• Amendments proposed by the Attorney General seek to limit the scope of the guarantee to whatever happens to be set out in law.
• The scope of the right is limited to an unduly narrow range of public authorities.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 997 1296
www.law-democracy.org
twitter: @law_democracy

In 2012, the government of Newfoundland and Labrador faced widespread criticism for legislation which significantly weakened provincial right to information (RTI) legislation. In a major about face, the government has committed to adopting a new RTI law which would dramatically improve the right to information system. The draft Bill under consideration was produced by a Review Committee tasked with considering improvements to the provincial Access to Information and Protection of Privacy Act (ATIPPA). CLD provided detailed written and oral comments to the Committee and many of the proposed reforms are in line with CLD’s recommendations.

Click here for CLD’s Full Statement on the Proposed ATIPPA Amendments

“The government said they wanted a strong RTI law by international standards and these reforms, if adopted, would deliver that and put Newfoundland and Labrador head and shoulders above other Canadian jurisdictions,” said CLD Executive Director, Toby Mendel. “We urge the government to adopt the proposals and show the rest of the country that serious reform in this area is not only possible but a democratic imperative.”

Newfoundland and Labrador’s current RTI framework ranks 38th compared to national laws globally, when measured using the RTI Rating, a comparative assessment of RTI legislation from around the world. The reforms would bring the province’s ranking up to 15th. British Columbia, the strongest province today, ranks 32nd, while Canada’s federal law places a dismal 58th. Among the most important proposals are the elimination of requesting fees, a sharp reduction in fees for access, tighter timelines for responding to requests and a significantly expanded mandate and powers for the oversight body, the Office of the Information and Privacy Commissioner.

Click here for the RTI Rating Score of ATIPPA Currently
Click here for the RTI Rating Score of the Proposed ATIPPA Amendments

For further information, please contact:

Michael Karanicolas
Senior Legal Officer
Centre for Law and Democracy
email: michael@law-democracy.org
tel: +1 902 448-5290
www.law-democracy.org
Twitter: @law_democracy

On 1 April 2015, the Myanmar Media Lawyers’ Network (MMLN) held its very first General Assembly, with the support of the Centre for Law and Democracy (CLD) and International Media Support (IMS). The members formally adopted the MMLN Constitution and then, pursuant to that Constitution, held an election for 15 members of the Executive Committee. Senior Lawyer U Aung Soe was elected as the first Chair of the MMLN.

“This is a very important step forward in the life of the MMLN,” said CLD Executive Director Toby Mendel. “It can now move forward with institutional development and a more robust programme of activities.”

A meeting of media lawyers in Yangon in July 2014 came to a formal decision to found the MMLN, and work has been ongoing since then to prepare for this first General Assembly, including by preparing a draft Consitution for the organisation. There is a tremendous need in Myanmar for the MMLN given important ongoing media law reform efforts – including a draft broadcasting law currently before parliament – and a growing number of legal cases against the media.

“We are very pleased to be supporting this extremely important initiative,” said Esben Harboe, Programme Manager at IMS. “We look forward to the MMLN playing an ever more signfiicant role in media law developments in the country.”

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

Esben Q. Harboe
Programme Manager
International Media Support
eh@mediasupport.org
+45 5210 7805
www.mediasupport.org
twitter: @forfreemedia